Court No. - 58
Case :- WRIT - A No. - 10684 of 2018 Petitioner :- Smt. Nusrat Khanam Respondent :- Secretary, Basic Shiksha Parishad, U.P. And 2 Ors.
Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 5.12.2017 passed by the District Basic Education Officer, Allahabad, whereby punishment has been imposed upon the petitioner of stopping his two annual increments.
Order is challenged on the ground that no disciplinary proceedings were initiated or pending against the petitioner and that an opportunity of hearing has also not been offered to her to explain the charges levelled against against her, which had led to passing of order of punishment.
Sri A.K. Yadav, learned counsel for the Board states that the authorities concerned shall revisit the issue.
Considering the facts and circumstances of the case, since no proceedings have been drawn against the petitioner and an opportunity of hearing has also not been afforded to her, the order impugned dated 5.12.2017 cannot be sustained and is quashed.
Writ petition is allowed. It shall be open for the respondents to proceed against the petitioner, in accordance with law.
Order Date :- 26.4.2018 n.u.